Kulbhushan Jadhav death sentence: Ten important arguments India made at ICJ hearing

Former solicitor general Harish Salve, who led the Indian legal team at the Hague-based International Court of Justice (ICJ), said the matter was “urgent and hence India approached this court” that took up the case “at such a short notice”.

India on Monday urged the International Court of Justice (ICJ) to immediately suspend the death sentence handed out to Kulbhushan Jadhav by Pakistan, saying the former Indian naval officer could be executed even before the case was decided by ICJ.

Deepak Mittal, joint secretary, Government of India, told the court in his opening remarks that there was a fear that Jadhav may be executed even before the UN court arrives at a decision. (HT File)

The world court had on May 10 stayed the execution of the Indian national a month after a Pakistani military court found him guilty of spying and terrorism, sentencing him to death.

Former solicitor general Harish Salve, who is leading the Indian legal team at The Hague-based ICJ, said the matter was “urgent and hence India approached this court” that took up the case “at such a short notice”.

Deepak Mittal, a joint secretary, told the court in his opening remarks that India feared that Jadhav could be executed even before the ICJ pronounced its decision.

“Jadhav has not got the right to get proper legal assistance and the right to consular access. There is an immediate threat to him to be executed even before a decision is passed,” the officer said.

Pakistan will present its case in the evening.

Here are the Top 10 quotes from India’s submission at the ICJ:

1) Jadhav was kidnapped from Iran in 2016, brought to Pakistan, presented as an alleged Indian spy and confession was extracted in a military custody.

2) The trial was conducted without informing Jadhav.

3) The ICJ appeal has been filed as a measure of desperation.

4) India made innumerable requests to Pakistan for consular access which were denied.

5) Pakistan has not provided India any charge sheet, copy of the verdict and other documents.

6) Kulbhushan Jadhav has neither consular access nor legal representation even at this stage.

7) Graver the charges, greater the need for continued adherence to the Vienna Convention

8) Pakistan did not inform India of his arrest.

9) India has taken measures to ensure appropriate legal representation for Jadhav. It is not known whether Jadhav will seek clemency in the present circumstances.

10) India seeks annulment of Pakistan’s verdict on Kulbhushan Jadhav case.

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(with agency inputs)